Calif. Grants Illegals In-State Tuition

LOS ANGELES (MyFOX ATLANTA) - It has become difficult to make sure all Americans have access to higher education in these difficult times. That is part of the reason new laws in 10 states that could grant illegal immigrants in-state tuition has sparked controversy.

From coast to coast, states are struggling to, not only keep their institutions of higher education open, but also to provide financial help for students.

Ten states, not including Georgia, have laws granting undocumented immigrants access to in-state college tuition.

One of the states is California, where both sides of the issue are facing off in court.

At California campuses like UC Berkley or UCLA, illegal immigrants pay less than third of what Americans from other states do.

"They don't get the same break because they're not connected to the state of California," said Robert Rubin, of the Committee for Civil Rights.

Former University of California Regent Ward Connerly called the law unconstitutional.

"It is, in effect, inequitable treatment of Americans to give benefits to those who are illegal, over those who are American residents. You know, I don't know why this is so hard for some to understand," said Connerly.

Advocates argue all California students deserve discounted tuition, regardless of their immigration status as long has they have spent at least three years in a state high school.

"The state properly says, 'Look, it's kids like that who have made contributions to, who are likely to, make contributions to the state of California because they have been to high school here, and probably have some roots here, that we want to encourage," said Rubin.

Out-of-state families have sued as a result of the law. San Diego Congressman Brian Billbray of San Diego said he would have been charged higher fees, because his kids went to high school in Virginia, where the family lives while Congress is in session.

"They start treating them as if they're not only second class citizens, but treat them below and behind people that are illegally in the country and not even citizens," said Billbray.

Opponents of the law said it was wrong for cash-strapped California to subsidize the education of illegal immigrants and give coveted university spots to people who shouldn't be in the country.

Supporters argue that getting kids a good education so they can get good jobs benefits everyone.

The California Supreme Court will hear the case this year and those nine other states with similar laws will be watching.